Sperb v. . McCoun
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action upon an administrator’s bond. In July, 1883, Gilbert Dunspaugh died in Queens county intestate, and in ¡November of the same year the plaintiff and one Burton T. Beach were appointed administrators of his estate.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 13, 1886, which affirmed a judgment in favor of plaintiff entered upon a verdict. This was an action upon an administrator’s bond. In July, 1883, Gilbert Dunspaugh died in Queens county intestate, and in ¡November of the same year the plaintiff and one Burton T. Beach were appointed administrators of his estate. The administrators’ bond, duly approved and filed, was executed by William Sperb, Jr., Burton T. Beach, Benjamin G. Mitchell and Henry T. McOoun, Jr.,…
1Opinion of the CourtEarl, J.
It is not questioned that the surrogate had power to revoke the letters of administration issued to Beach, and we are of opinion that the other proceedings in the Surrogate’s Court were regular and valid. Under sections 2603 and 2606 of the Code, the surrogate had authority, upon the petition of the plaintiff, as surviving administrator, to compel Beach to account for and deliver over the funds of the estate which he had received to the plaintiff. The decree for the payment and delivery, of the fund to him having been made, and executions upon the decree having been returned unsatisfied, he…
2Cases cited2 opinions
- Babcock v. HubbardSupreme Court of Connecticut · 1818
- Overton v. WoodsonSupreme Court of Missouri · 1853
3Cited by11 opinions
- Garrison v. Edward Brown & SonsCalifornia Supreme Court · 1944
- Hood v. . HaywardNew York Court of Appeals · 1891
- Southern Surety Co. v. TessumSupreme Court of Minnesota · 1929
- In re the Estate of ScudderNew York Surrogate's Court · 1897
- In re the Estate of CohenNew York Surrogate's Court · 1933
6 more not listed; retrieve them via the Exa API.